In Prince Edward Island, a cohabitation agreement automatically converts into a marriage contract when you wed, provided the original document explicitly states it was made in contemplation of marriage. No new contract is legally required.
Many couples in Prince Edward Island choose to live together and sign a cohabitation agreement long before deciding to tie the knot. But what happens to that legal protection once you actually get married? 📍
Fortunately, the PEI Family Law Act provides a seamless transition for couples. You generally do not need to start from scratch. This guide will help you understand how your existing agreement transitions and when you might need an update.
Step-by-Step Process in Prince Edward Island
Whether you are getting married in Charlottetown, Montague, or a scenic spot in Cavendish, upgrading your legal status requires a quick review of your current documents. Here is how you manage the transition. 📝
Step 1: Review the Original Document
Pull out your signed cohabitation agreement. You are looking for a specific clause, often titled Contemplation of Marriage. This clause explicitly states that if you and your partner ever marry, the cohabitation agreement will automatically serve as your marriage contract.
Step 2: Evaluate Life Changes
Even if the document converts automatically, you must ask yourselves if it still fits your reality. If you have purchased a larger home, had children, or experienced significant career changes since you first moved in together, the old terms might no longer be fair. 👤
Step 3: Consult a Local Lawyer
It is highly recommended to have a family lawyer review the document before your wedding date. They can confirm that the document complies with the strict execution requirements of the PEI Supreme Court and ensure the transition clause is legally sound.
Step 4: Draft an Amending Agreement (If Necessary)
If you need to update certain terms-such as how the newly designated matrimonial home will be treated-your lawyer can draft an amending agreement. You do not need to rewrite the entire contract, just the parts that require modernization. 🕑
How Much Does it Cost in Prince Edward Island?
Converting or updating your agreement is significantly more affordable than drafting a brand new marriage contract. As of May 2026, here is what you can expect to pay: 💰
| Service | Estimated Cost (CAD) |
|---|---|
| Legal Review of Existing Agreement | $350 – $750 |
| Drafting an Amending Agreement | $800 – $1,500 |
| Independent Legal Advice (for the amendment) | $400 – $800 |
How Long Does the Process Take?
If your original agreement is solid and your life circumstances remain largely unchanged, the review process takes only a few days. You simply file the document away safely. 📄
If you need an amending agreement to update financial disclosures or property division rules, expect the process to take 3 to 5 weeks. It involves drafting, exchanging financial updates, and arranging for Independent Legal Advice.
Frequently Asked Questions (FAQ)
What if our agreement does not mention marriage?
If your cohabitation agreement lacks a clause stating it was made in contemplation of marriage, it may become invalid once you marry. You will likely need to draft a new marriage contract to maintain your protections.
Do we have to re-sign the document after the wedding?
No. If the transition clause is present, the conversion happens automatically by operation of law on the day you marry. No additional signatures are required.
Does a marriage contract deal with decision-making responsibility?
No. In Prince Edward Island, domestic contracts cannot pre-determine parenting time or decision-making responsibility for children. These decisions are always based on the best interests of the child at the time of separation.
Can we just tear up the cohabitation agreement if we change our minds?
It is not recommended to simply destroy the paper. To properly cancel a domestic contract, you should both sign a brief, written revocation agreement witnessed by a third party.
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